141.390 Tax credit for recycling or composting equipment. - Kentucky Statutes

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141.390 Tax credit for recycling or composting equipment. (1) As used in this section: (a) "Postconsumer waste" means any product generated by a business or consumer which has served its intended end use, and which has been
separated from solid waste for the purposes of collection, recycling,
composting, and disposition and which does not include secondary waste
material or demolition waste; (b) "Recycling equipment" means any machinery or apparatus used exclusively to process postconsumer waste material and manufacturing machinery used
exclusively to produce finished products composed of substantial
postconsumer waste materials; (c) "Composting equipment" means equipment used in a process by which biological decomposition of organic solid waste is carried out under controlled
aerobic conditions, and which stabilizes the organic fraction into a material
which can easily and safely be stored, handled, and used in a environmentally
acceptable manner; (d) "Recapture period" means: 1. For qualified equipment with a useful life of five (5) or more years, the
period from the date the equipment is purchased to five (5) full years
from that date; or 2. For qualified equipment with a useful life of less than five (5) years, the
period from the date the equipment is purchased to three (3) full years
from that date; (e) "Useful life" means the period determined under Section 168 of the Internal Revenue Code; (f) "Baseline tax liability" means the tax liability of the taxpayer for the most recent tax year ending prior to January 1, 2005; and (g) "Major recycling project" means a project where the taxpayer: 1. Invests more than ten million dollars ($10,000,000) in recycling or
composting equipment to be used exclusively in this state; 2. Has more than seven hundred fifty (750) full-time employees with an
average hourly wage of more than three hundred percent (300%) of the
federal minimum wage; and 3. Has plant and equipment with a total cost of more than five hundred
million dollars ($500,000,000). (2) (a) A taxpayer that purchases recycling or composting equipment to be used exclusively within this state for recycling or composting postconsumer waste
materials shall be entitled to a credit against the income taxes imposed
pursuant to this chapter, including any tax due under the provisions of KRS
141.040, in an amount equal to fifty percent (50%) of the installed cost of the
recycling or composting equipment. Any credit allowed against the income
taxes imposed pursuant to this chapter shall also be applied against the limited liability entity tax imposed by KRS 141.0401, with the ordering of credits as
provided in KRS 141.0205. The amount of credit claimed in the tax year
during which the recycling equipment is purchased shall not exceed ten
percent (10%) of the amount of the total credit allowable and shall not exceed
twenty-five percent (25%) of the total of each tax liability which would be
otherwise due. (b) For taxable years beginning after December 31, 2004, a taxpayer that has a major recycling project containing recycling or composting equipment to be
used exclusively within this state for recycling or composting postconsumer
waste material shall be entitled to a credit against the income taxes imposed
pursuant to this chapter, including any tax due under the provisions of KRS
141.040, in an amount equal to fifty percent (50%) of the installed cost of the
recycling or composting equipment. Any credit allowed against the income
taxes imposed pursuant to this chapter shall also be applied against the limited
liability entity tax imposed by KRS 141.0401, with the ordering of credits as
provided in KRS 141.0205. The credit described in this paragraph shall be
limited to a period of ten (10) years commencing with the approval of the
recycling credit application. In each taxable year, the amount of credits
claimed for all major recycling projects shall be limited to:
1. Fifty percent (50%) of the excess of the total of each tax liability over
the baseline tax liability of the taxpayer; or 2. Two million five hundred thousand dollars ($2,500,000), whichever is
less. (c) A taxpayer with one (1) or more major recycling projects shall be entitled to a total credit including the amount computed in paragraph (a) of this subsection
plus the amount of credit computed in paragraph (b) of this subsection. (d) A taxpayer shall not be permitted to utilize a credit computed under paragraph (a) of this subsection and a credit computed under paragraph (b) of this
subsection on the same recycling or composting equipment. (3) Application for a tax credit shall be made to the Department of Revenue on or before the first day of the seventh month following the close of the taxable year in
which the recycling or composting equipment is purchased. The application shall
include a description of each item of recycling equipment purchased, the date of
purchase and the installed cost of the recycling equipment, a statement of where the
recycling equipment is to be used, and any other information as the Department of
Revenue may require. The Department of Revenue shall review all applications
received to determine whether expenditures for which credits are required meet the
requirements of this section and shall advise the taxpayer of the amount of credit for
which the taxpayer is eligible under this section. Any corporation as defined in KRS
141.010(24)(b)2. to 8. may elect to claim the balance of a recycling credit approved
prior to March 18, 2005, against its tax liability imposed under KRS 141.040 and
141.0401. The election shall be binding on the taxpayer and the Department of
Revenue until the balance of the recycling credit is used. (4) Except as provided in subsection (6) of this section, if a taxpayer that receives a tax credit under this section sells, transfers, or otherwise disposes of the qualifying
recycling or composting equipment before the end of the recapture period, the tax
credit shall be redetermined under subsection (5) of this section. If the total credit
taken in prior taxable years exceeds the redetermined credit, the difference shall be
added to the taxpayer's tax liability under this chapter for the taxable year in which
the sale, transfer, or disposition occurs. If the redetermined credit exceeds the total
credit already taken in prior taxable years, the taxpayer shall be entitled to use the
difference to reduce the taxpayer's tax liability under this chapter for the taxable
year in which the sale, transfer, or disposition occurs. (5) The total tax credit allowable under subsection (2) of this section for equipment that is sold, transferred, or otherwise disposed of before the end of the recapture period
shall be adjusted as follows:
(a) For equipment with a useful life of five (5) or more years that is sold, transferred, or otherwise disposed of:
1. One (1) year or less after the purchase, no credit shall be allowed. 2. Between one (1) year and two (2) years after the purchase, twenty
percent (20%) of the total allowable credit shall be allowed. 3. Between two (2) and three (3) years after the purchase, forty percent
(40%) of the total allowable credit shall be allowed. 4. Between three (3) and four (4) years after the purchase, sixty percent
(60%) of the total allowable credit shall be allowed. 5. Between four (4) and five (5) years after the purchase, eighty percent
(80%) of the total allowable credit shall be allowed. (b) For equipment with a useful life of less than five (5) years that is sold, transferred, or otherwise disposed of:
1. One (1) year or less after the purchase, no credit shall be allowed. 2. Between one (1) year and two (2) years after the purchase, thirty-three
percent (33%) of the total allowable credit shall be allowed. 3. Between two (2) and three (3) years after the purchase, sixty-seven
percent (67%) of the total allowable credit shall be allowed. (6) Subsections (4) and (5) of this section shall not apply to transfers due to death, or transfers due merely to a change in business ownership or organization as long as
the equipment continues to be used exclusively in recycling or composting, or
transactions to which Section 381(a) of the Internal Revenue Code applies. (7) The Department of Revenue may promulgate administrative regulations to carry out the provisions of this section. Effective: June 28, 2006
History: Amended 2006 (1st Extra. Sess.) Ky. Acts ch. 2, sec. 21, effective June 28, 2006. -- Amended 2006 Ky. Acts ch. 252, Pt. XIII, sec. 5, effective April 25, 2006. --
Amended 2005 Ky. Acts ch. 85, sec. 504, effective June 20, 2005; and ch. 168,
sec. 23, effective March 18, 2005. -- Created 1991 (1st Extra. Sess.) Acts ch. 12,
sec. 63, effective February 26, 1991. Legislative Research Commission Note (6/28/2006). 2006 (1st Extra Sess.) Ky. Acts ch. 2, sec. 73, provides that "unless a provision of this Act specifically applies to an
earlier tax year, the provisions of this Act shall apply to taxable years beginning on or
after January 1, 2007." Legislative Research Commission Note (3/18/2005). 2005 Ky. Acts ch. 168, sec. 165, provides that this section shall apply to tax years beginning on or after January 1,
2005. Legislative Research Commission Note (3/18/2005). 2005 Ky. Acts chs. 11, 85, 95, 97, 98, 99, 123, and 181 instruct the Reviser of Statutes to correct statutory references to
agencies and officers whose names have been changed in 2005 legislation confirming
the reorganization of the executive branch. Such a correction has been made in this
section.